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DENVER, CO - SEPTEMBER  8:    Denver Post reporter Joey Bunch on Monday, September 8, 2014. (Denver Post Photo by Cyrus McCrimmon)
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A public defender asked a judge this morning to delay the arraignment of a man accused of dragging his girlfriend to death in order to determine whether the man is mentally retarded.

Jose Luis Rubi-Nava is charged with first-degree murder after deliberation in the dragging death of Luz Maria Franco Fierros in September. Her body was found on a road in Douglas County at the end of a 1.3-mile trail of blood with a strap and hook tied around her neck.

Public defender Tamara Brady asked Douglas County District Judge Paul King for a 60-day delay in Rubi-Nava’s arraignment.

“Some investigation has strongly indicated to us we are dealing with problems of mental retardation and other cognitive comprehension disabilities,” she said.

King continued the case until May 22.

Once Rubi-Nava is arraigned, the district attorney has 30 days to announce if prosecutors will seek the death penalty against him.

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